Quick answer: The most common Employment Pass mistakes are a basic salary below the category minimum, a contract that is unsigned, digitally signed or not IRB-stamped within three months, a passport with less than 12 months' validity or fewer than six empty pages, a job description that does not match the position, dual-function titles, documents that are not certified or translated, and a company that does not meet the paid-up capital requirement. Incomplete applications are returned or not considered, and a returned application must be resubmitted within the stated period.
- Salary below the category minimum is a core risk.
- Contracts need both signatures and an IRB stamp within three months.
- Passport: more than 12 months' validity and six empty pages.
- Job descriptions need at least three distinct tasks and must match the position.
- Counting internships as experience is not accepted.
Mistakes and Fixes
| Mistake | Fix |
|---|---|
| Basic salary below the category minimum | Meet RM5,000, RM10,000 or RM20,000 basic for the category |
| Unstamped or stale contract | Stamp with IRB and apply within three months of stamping |
| Digital or pasted signatures, or signing on behalf | Both parties sign the contract in the accepted form |
| Dual-function position title | Use a single position that matches the contract |
| Salary not in ringgit or paid by the Malaysian company | Basic salary is paid by the Malaysian company in ringgit |
| Passport validity under 12 months or fewer than six empty pages | Renew the passport first |
| Job description with fewer than three distinct tasks | Write on letterhead with at least three distinct tasks |
| Counting internship or voluntary work as experience | Only qualifying experience counts |
| Non-English documents without translation | Provide certified translations |
| Outstanding tax on a renewal | Settle in full. CP38 instalments are not acceptable |
Company-Side Mistakes
| Mistake | Fix |
|---|---|
| Paid-up capital below the minimum | Meet RM250,000, RM350,000 or RM500,000 by ownership |
| Position not approved in ESD Online | Submit a position request first |
| Shareholding changes not notified | Notify ESD in writing |
| Authorised personnel out of date | Keep ESD Online details current |
A Pre-Submission Review
Check the company
Registration, capital and the Letter of Undertaking.
Check the post
Title, salary, category and job description.
Check the contract
Signatures, stamping and dates.
Check the passport and certificates
Validity, pages, translations.
Submit once, complete
Avoid a return cycle.
If You Are Returned or Rejected
A returned application can be corrected and resubmitted in ESD Online within the stated timeframe. A rejected application can only be challenged by appeal within 14 days. Fix the cause before you resubmit.
Need a pass sorted out? WhatsApp us. We will check your case before you apply.
Mistakes About Mistakes
Treating a return as a rejection
Correct and resubmit.
Resubmitting unchanged
Fix the cause first.
Waiting past 14 days to appeal
Late appeals are not accepted.
How We Help
What we handle for you
Before you apply
- Check that your company meets the requirements and that the post and salary fit the right category.
- Prepare your business plan and financial plan from your company idea or business model, where the application needs one.
Application
- Prepare and submit the pass application and respond to Immigration's queries.
Why companies choose us
End-to-end under one roof
- We handle company incorporation, accounting and payroll as well as expatriate pass applications, so your structure, payroll and hiring plan stay aligned.
- The company is set up correctly from day one.
We check before you invest
- We confirm eligibility, including whether you can hire the expatriates you need, before a foreign investor decides to incorporate in Malaysia.
- Neutral Consulting PLT is a Kuala Lumpur firm led by a Managing Partner who is a member of the Malaysian Institute of Accountants.
Frequently Asked Questions
Quick answers.
Why was my Employment Pass application rejected?
Common causes are salary below the minimum, contract defects, document problems and company requirements not met.
What contract mistakes cause rejection?
Unsigned, digitally signed or on-behalf-signed contracts, and stamping outside the three-month window.
What passport rules apply?
More than 12 months' validity and at least six empty pages.
How many tasks should the job description list?
At least three distinct tasks.
Are internships counted as experience?
No. Part-time, voluntary and internship work are excluded.
Does only basic salary count?
Yes.
Can I use a dual-function title?
No. Dual-function positions are not allowed.
Do I need translations?
Yes, for non-English documents, certified as required.
What about unpaid tax on renewal?
Outstanding tax must be fully settled.
What is a returned application?
One sent back for incomplete or unclear documents. It can be corrected.
How long do I have to appeal a rejection?
14 days from the rejection date.
Can you review my application before I submit?
Yes. We check the company, post, contract and documents.
Sources
Official sources
- Immigration Department (ESD), ESD Online Guidebook V5 (September 2024)
- Immigration Department (ESD), Revised Employment Pass Salary Policy effective 1 June 2026
- Immigration Department (ESD), Updated appeal application FAQs
- Immigration Department (ESD), Company registration FAQ
This page is general information, not legal advice. Agencies change their requirements, so confirm the current rules with the Immigration Department (ESD) and MIDA, or with us, before you act. Checked November 2026.
Talk To Us Now
Hiring or relocating an expatriate? We will check your case first. All consultations are by video call.